So my fiancee recently received a phone call from an attorney back in Witchita, Kansas asking him to sign over his rights so that his child may be adopted. My fiancee was very confused and asked what this was about. Apparently his ex girlfriend gave their child up for open adoption.

Back in 2010 my fiancee was involved with an ex girlfriend of his. She was pregnant and gave birth to Sophia born Jan 2 2011. The baby girl was put up for open adoption where she was adopted but never was finalized. Fast forward to this year and they are now wanting to I believe finalize the adoption. My fiancee and I live in Texas and he nor I want him to give up his rights as a father (if proven). If the child is his he wants to fight for custody. My question is...should we get a DNA test before? And because the child is in Kansas and we are in Texas, how will this go about? What should we do?
HELP!!!

Yes absolutely get a DNA test first and foremost. If he is not the Father I assume there is no desire to care for the child and the adoption could go through and everyone would be happy. Here is a brief article explaining DNA testing laws. http://www.legalmatch.com/law-librar...test-laws.html

Your best bet would be first to ask the attorney if you could have a DNA test conducted and submitted to the court. The attorney would likely work that out and if he is not the Father then none of this matters.

If he is in fact the Father and wants to take responsibility then he can file for Custody and there are two types of custody physical and legal. He could have 0 physical custody, but joint legal custody, which just means he would be involved in decisions for the child. You can always modify custody at anytime, but it sounds like at the very least your fiance would want legal custody to start out assuming he is the father. Here is a brief article explaining how to establish custody. http://www.legalmatch.com/law-librar...y-lawyers.html